Dignity in the Legal and Political Philosophy of Ronald Dworkin

Description

Ronald Dworkin (1931–2013), an American legal philosopher, jurist, and scholar, was a stalwart advocate of human rights and dignity who developed a formidable scholarly combination of law and moral integrity. He propounded some of the most influential theories of law and morality in modern jurisprudence.
This volume explores his thoughts on dignity where self-respect and authenticity play a key role. It also sheds light on contemporary judicial and moral conundrums, such as freedom of speech, freedom of religion, and the complex relationship between dignity, human will, and responsibility. The book, with contributions from eminent philosophers and thinkers from across the world, provides a detailed analysis of Dworkin’s work on dignity. Each essay in the volume interprets his rich jurisprudential work, and motivates legal philosophers, practitioners, and judges to understand, practise, and disseminate Dworkin’s jurisprudential thoughts.

About the Editors
Salman Khurshid is a former Union Minister of External Affairs, Law and Justice, and Minority Affairs, Government of India.
Lokendra Malik is advocate, Supreme Court of India.
Veronica Rodriguez-Blanco is Professor of Moral and Political Philosophy (Jurisprudence), Surrey Centre for Law and Philosophy, School of Law, University of Surrey, UK.

Reviews

‘Professor Ronald Dworkin was that rarest of birds: a professor of jurisprudence who influenced profoundly leading judges and lawmakers throughout the world. Although born and trained in the United States and domiciled mostly in England, he was a cosmopolitan citizen of all countries and all legal systems. He contested the formalistic positivist legal philosophy that predominated in most common law countries. He advocated a moral interpretivist approach to constitutional and legal adjudication. For him, the law was inescapably a moral discipline. Deny it as they might, judges and lawyers could not escape the moral dilemmas inherent in their job. He favoured expanded judicial review and a search for the “right answer” to all important legal dilemmas. He was thus the defender of creative Indian judges like V.R. Krishna Iyer and P.N. Bhagwati and their counterparts in other countries. For judges like me, he was a paragon, inspiration and friend. This book explains why.’

– Michael Kirby AC CMG,
Justice of the High Court of Australia (1996–2009)


‘Human dignity is a much cherished principle in our constitutional jurisprudence. Dworkin famously said, “because we cherish dignity, we insist on freedom. Because we honour dignity, we demand democracy”. Rendering human rights sacrosanct and inviolable has been at the heart of the Dworkinian way of living life. This book aptly divided into four parts, beautifully details the essence of Dworkin’s theories through the lens of lawyers, scholars, and professors of law and philosophy.’
– K.K. Venugopal,
Attorney General of India


‘Ronald Dworkin’s tall presence pervades twenty-first century jurisprudential landscape and comparative judicial action. This fine volume critically engages aspects of a theory of ‘supra virtue’ of dignity. Compelling remain critical exploration of ‘interpretive’ idea of law and the complex ‘moral reading’ of the law and constitution. Do ‘unbridgeable pluralism’ and defence of hate speech mark the global ‘exit’ of Dworkin’s Hercules?’
– Upendra Baxi,
Emeritus Professor of Law, University of Warwick, England


‘An internationally distinguished group of authors contribute insightful and provocative essays on Ronald Dworkin’s views on how the concept of human dignity must inform our understanding of a wide range of legal and policy issues. The collection is essential reading both for those interested in the concept of human dignity and those interested in Dworkin’s work.’
– Mark Tushnet,
William Nelson Cromwell Professor of Law, Harvard Law School, USA


‘The authors have done a great service to those who are curious to understand the philosophy underlying the principles embedded beneath rules which we call law. There are few who can match Dworkin in illumining such elemental underpinnings and the authors’ selections and analysis does justice to that intellectual giant.’
– Abhishek Singhvi,
Member of Parliament and National Spokesperson for Indian National Congress

Table of contents

Foreword by John Finnis
Acknowledgements

Ronald Dworkin: Life and Works
Lokendra Malik

Introduction
Veronica Rodriguez-Blanco

Part I Integrity, Values, Interpretation, and Objectivity

1 Integrity and Truth in Law’s Empire
Jonathan Crowe

2 Dworkin’s Perfectionism
James E. Fleming and Linda C. McClain

3 Interpretation in Normative Domains
Alexander Brown

4 Justice, Integrity, and the Common Law
Trevor R.S. Allan

5 Taking (Human) Dignity and Rights Seriously: The Integrated Legal, Moral, and Political Philosophy of Ronald Dworkin
Imer B. Flores

6 Are There Any Interpretative Concepts?
Pritam Baruah

Part II Dignity, Responsibility, and Free Will

7 Interpreting Human Dignity
Allen W. Wood

8 Dworkin’s Dignity under the Lens of the Magician of Königsberg
Veronica Rodriguez-Blanco

9 Does Dignity Help in Thinking about Paternalism?
Barbara Baum Levenbook

10 Dignity, Rights, and Virtues in the Department of Values
Isabel Trujillo

Part III Freedom of Speech, Right to Privacy, and Human Rights
11 Dignity and Free Speech
David A.J. Richards

12 Ronald Dworkin and Free Speech
James Allan

13 Exit Hercules: Ronald Dworkin and the Crisis of the Age of Rights
Lorenzo Zucca

Part IV Dignity, Constitutions, and Legal Systems

14 Revamping Associative Obligations
George Pavlakos

15 Dworkinian Dignity: Rights and Responsibilities of a Life Well Lived
Erin Daly

16 Ronald Dworkin’s Judge: Philosopher Master of Rights
Salman Khurshid

17 A Dworkinian Reading of the Indian Constitution
Suhrith Parthasarathy

18 A Dworkinian Right to Privacy in New Zealand
Mark Bennett and Petra Butler


Afterword by Justice A.K. Sikri
About the Editors and Contributors
Index